Under the common law, an employer is under a duty to furnish an employee with a
sufficient number of competent fellow employees for the work involved.
In January, a buyer and a seller agreed on the sale of 10,000 pounds of tomatoes to be
delivered on July The contract stated that the seller would set the price on June 15 and
that the buyer would pay the price on delivery. On June 15, the market price of
tomatoes was approximately 75 cents per pound. The seller set the price at $50 per
pound and the buyer demanded that the price be lowered.
When the parties could not agree, a lawsuit developed. The key issue was whether the
seller had the right to set the $1.50 price. Decide.
A third person does not have the status of an intended third-party beneficiary unless it is
clear at the time the contract was formed that the parties intended to impose a direct
obligation with respect to the third person.